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  • In Re: Hill V., 4th Cir. (2001)

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    Thomas Hill filed a petition for a writ of mandamus seeking to compel the district court to exercise jurisdiction over his recently dismissed complaint. The circuit court denied the petition because mandamus relief is not available where there is another remedy, such as appeal, and mandamus is not a substitute for appeal. The court concluded Hill had other adequate remedies and denied the petition without oral argument.

    Original Description:

    Filed: 2001-07-26 Precedential Status: Non-Precedential Docket: 01-1733

    Original Title

    In Re: Hill v., 4th Cir. (2001)

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    Thomas Hill filed a petition for a writ of mandamus seeking to compel the district court to exercise jurisdiction over his recently dismissed complaint. The circuit court denied the petition because mandamus relief is not available where there is another remedy, such as appeal, and mandamus is not a substitute for appeal. The court concluded Hill had other adequate remedies and denied the petition without oral argument.

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    1 views2 pages

    In Re: Hill V., 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    Thomas Hill filed a petition for a writ of mandamus seeking to compel the district court to exercise jurisdiction over his recently dismissed complaint. The circuit court denied the petition because mandamus relief is not available where there is another remedy, such as appeal, and mandamus is not a substitute for appeal. The court concluded Hill had other adequate remedies and denied the petition without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-1733

    In Re: THOMAS W. HILL,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    July 12, 2001

    (CA-01-64-1-T)

    Decided:

    July 26, 2001

    Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

    Petition denied by unpublished per curiam opinion.


    Thomas W. Hill, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Thomas W. Hill filed this mandamus petition seeking to compel
    the district court to exercise its jurisdiction over his recently
    dismissed complaint. Where there is another available remedy, mandamus relief is not available.
    Cir. 1987).

    In re Beard, 811 F.2d 818, 826 (4th

    Mandamus relief is not a substitute for appeal.

    In re

    United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). Because we
    conclude Hill has other adequate remedies, we deny Hills petition
    for mandamus relief.
    We dispense with oral argument because the facts and legal
    contentions are adequately presented in the materials before the
    court and argument would not aid the decisional process.

    PETITION DENIED

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